Sentences with phrase «contextual approach»

Thus, the court applied a broad contextual approach to the question of when it will overrule its own past decision.

The test's previous requirement that «no other reasonable and effective manner in which the issue may be brought to court» has now been replaced with a more contextual approach allowing courts to consider if it is realistic and efficient for an individual to challenge the constitutionality of the legislation on their own.

I have no quarrel with this aspect of Justice Stevens» decision — he took an appropriately contextual approach to the interpretation of the bylaws in a way that protected the interests of all the parties.

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62 («Schrenk»), the majority of the SCC advocated for a broad contextual approach to determining whether discriminatory conduct is subject to penalties under British Columbia's Human Rights Code (the «Code»).

Additionally, the concept of time changes when organizations adopt a contextual approach to understanding buyers.

Shifting Boundaries: Contextual Approaches to the Structure of Theological Education.

Women's concerns or contextual approach should inform the way we teach theology or biblical studies.

This kind of contextual approach has a dual impact, because both professors and students are forced to see what these disciplines mean in terms of the types of issues that the students are going to face in the parish, and the ways in which they actually arise.»

The North American working group of the Study, declaring themselves frustrated with the Study's defined scope, tried to avoid such topics altogether by making a clear but severe decision for a contextual approach:

[1] Craig Dykstra, «Reconceiving Practice,» in Shifting Boundaries: Contextual Approaches to the Structure of Theological Education, ed.

This situationist or contextual approach is based upon an interpretation of Jesus» fundamental attitude toward the decisions of life, contending that at heart he was very much a situationist.

This contextual approach consists of five factors — a winning electoral strategy; governing competence; party management; political hegemony and bending the rules of the game.

Fundamental principles of flight and design are presented in a cross-curricular, integrated, contextual approach that provides for students success in linking classroom theory and real - life application.

Reducing teacher burnout: A socio - contextual approach.

Mara De Luca's works are a reflection on contemporary culture expressed through a diverse, project - driven and contextual approach to painting.

This contextual approach, which invests much effort into both the image and the story of its presentation, is somewhat of a new vein for Ojih Odutola.

The Divisional Court held that the trial judge failed to apply a contextual approach to a determination of just cause for dismissal.

Applying a contextual approach, writes Rose, «the court approved the motions judge's comments that «[t] here was no intent to contract out of the ESA in fact; to the contrary, the intent to apply the ESA is manifest» and held that «the motion judge's interpretation of the contract is entitled to deference.

The Supreme Court of Canada previously established that when assessing if an employee was dismissed with just cause, a trial judge must apply a contextual approach when reviewing all relevant facts.1

In Bennett v. Cunningham2, the Court of Appeal for Ontario upheld a trial judge's finding of dismissal with just cause, concluding that the decision was based on a contextual approach that analyzed the entire factual record.

Should courts apply a contextual approach that recognized self - represented litigants» lack of understanding of court rules or procedures, or should court rules and procedures be applied identically to all litigants?

As he correctly argues, «Contextual approaches — fact - based approaches guided by loose factors — actually settle the law very well» (70).

As part of the contextual approach, Dunsmuir and its progeny insist that the presumptive categorization can be rebutted by a consideration of other factors; where those factors point to a differing legislative intent, that intent should be dispositive.

Using a contextual approach to the offence of voyeurism, the fact the videos were focused on breasts and cleavage was sufficient to prove the videos were made for a sexual purpose.

What is required is a contextual approach, which focuses on the expertise of the administrative decision - maker and the statute in which it operates, in order to discern legislative intent.

For his part, Justice Stratas notes that a leading cause of endless litigation is not a contextual approach, which correctly accounts for the variability of administrative decision - makers, but rather «doctrinal and conceptual inconsistency and uncertainty.»

More importantly, Justice Karakatsanis tossed cold water on Dunsmuir's contextual approach, noting that such an approach could lead to endless and expensive litigation (para 35).

The Ontario Court of Appeal advocated a contextual approach in Children's Lawyer for Ontario v. Goodis (2005) 75 O.R. (3d) 309.

If a contextual approach is to be adopted, it should be alive to these concerns (see e.g. Canada (Attorney General) v. Quadrini, 2010 FCA 246).

Applying a contextual approach, the court approved the motions judge's comments that «[t] here was no intent to contract out of the ESA in fact; to the contrary, the intent to apply the ESA is manifest» and held that «the motion judge's interpretation of the contract is entitled to deference.»

In a case about alleged damage to a residential pool by a company hired to clean it, 10 Swinton J., applied the contextual approach mandated by Carioca, and set aside the Master's order dismissing this action for delay.

The court adopted a contextual approach in deciding to set aside the dismissal, considered the five year period provided by the «new» Rule 48.14 (1), as well as the undesirability of the plaintiff being required to commence another action against his solicitor, where the defendant was not prejudiced by restoring the action.

The courts have been pretty clear that you don't look at the incident in isolation — you have to take a contextual approach, which means look at the entire relationship of employment.

We pressed the need for a flexible and contextual approach to proving discrimination in human rights law.

West Coast LEAF (Women's Legal Education and Action Fund) intervened in the case in coalition with the Community Legal Assistance Society (CLAS) at both the BCSC and BCCA levels to highlight the impact of harassment, removals and exclusions on the marginalized population of street homeless in Vancouver and on the need for a flexible and contextual approach to proving discrimination in human rights law.

As with all cases involving cause, a court will employ a contextual approach, assessing the nature and extent of the misconduct and the surrounding circumstances.

[2] The Supreme Court of Canada's («SCC») recent decision in Creston Moly Corp v Sattva Capital Corp («Sattva») emphasized that contracts must be interpreted as a whole, using a contextual approach that considers the factual matrix of the surrounding circumstances and dealings between the parties.

The court adopted the contextual approach in Harper v. Canada (Attorney General), and identified the following objectives of the rules:

The Advocate General took a contextual approach to the meaning of FDI, using the concept of «direct investment» in the case - law of the ECJ in interpreting the free movement of capital provisions and OECD, IMF, and UNCTAD definitions.

While these dissenting judges» opinion did not prevail, their perspective highlights the breadth of the majority's contextual approach.

This case highlights the contextual approach arbitrators will apply to assessing the reasonableness of post-incident testing, even where there is a clear and reasonable policy.

the Ontario Court of Appeal clarified the test that Ontario courts should follow when applying a contextual approach to determine if just cause for dismissal existed, writing at paragraphs 49 to 53:

As with all grounds for dismissal for cause, the court will apply a contextual approach when considering whether an employee's absence from work will justify a dismissal for cause.

When applying the contextual approach, a court will review the circumstances of both the employee and the employer as well as the proven misconduct.

Justice Iacobucci, writing for the Court in McKinley, described the contextual approach at paragraphs 48 and 49 as follows: